HomeMy WebLinkAboutExhibit B-SUBDAT MICROFILMED
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT THE END OF THIS DOCUMENT
DEPUTY CLERK, CIRCUIT COURT
IE 154811C06O?
11EC.
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration")
made by MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited
partnership (the "Owner") in favor of THE CITY OF MIAMI, FLORIDA,
a municipality of the State of Florida (the "City").
W ITNESSET H:
WHEREAS, the Owner holds fee simple title to certain
property in the City of Miami, Florida, legally described as and
consisting of:
All of Lots 3 and 13, Lots 4, 5, 8, 9 and 14, less
the West 40.00 feet thereof, and the 10,00 feet
alley lying North of and adjacent to said Lot 5,
and the 10.00 feet alley lying South of and
adjacent to said Lot 9, Block 5, "MIRAMAR" (also
known as the "THIRD AMENDED MAP OF MIRAMAR"),
according to the Plat thereof, as recorded in Plat
Book 5, at Page 4, of the Public Records of Dade
County, Florida,
and commonly described as 1801 - 1859 Biscayne Boulevard, Miami,
Dade County, Florida (the "Property"), and
WHEREAS, the Owner is presently an applicant before the City
of Miami's Planning, Building and Zoning Department for certain
building permits consisting of foundation and demolition permits
(hereinafter the "Permits"), for the Property; and
WHEREAS, the Owner desires to make a binding commitment- to
assure that if issued the Permits, it shall abide by all terms
and conditions of this Declaration;
NOW, THEREFORE, the Owner voluntarily covenants and agrees
that the Property shall be subject to the following restrictions
that are intended and shall be deemed to be covenants running
with the land, binding upon the Owner, its successors and
assigns, as follows:
1972 APR 20 1
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IT
15444 - Exhibit B-SUB
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•
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN'AT THE END OF THIS DOCUMENT
DEPUTY CLERK, CIRCUIT COURT
°�C.tt 15451 PLOfiO3
HE.
1. RECITALS. The recitals and findings set forth in the
preamble of this Declaration are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
2. PERMITS AND PLANS HELD IN ESCROW. All Permits and/or
plans approved by the City in accordance with the provisions of
this Agreement shall be held in escrow by the Building Official
of the City of Miami, (the "Building Official"), until the
following conditions have been satisfied:
a. All technical requirements for the Permits,
including but not limited to the requirements of
the City's Departments of Public Works and Fire,
Rescue and Inspection Services and Dane County's
Department of Environmental Resources Management,
("DERM"), have been met, to the satisfaction of
the Building Official; and
b. All conditions of the variance granted the Owner
by Resolution No. 91-92, as amended by Resolution
No. 91-779, and as further clarified by the City
Commission of the City of Miami, (the "City
Commission"), at its meeting of April 30, 1992,
except for the conditions which require (i) the
provision of 80 parking spaces (as per plans in
file dated November 7, 1990) prior to the issuance
of a Certificate of Occupancy, and (ii) that the
construction of the second phase of the Owner's
project be commenced within three years following
-2-
PuB(,
DEPUTY CLERK, CIRCUIT COURT
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGJNAL. BACKUP ORIGINAL CAN
BE SEEN AT THE END OF THIS DOCUMENT
ac:15481PG0604
E►E
v
0
PZ-22-14439
01 /16/24
the date of issuance of a final Certificate of
Occupancy for the first phase of the Owner's
project, have been satisfied; and
c. All documents upon the receipt of which the
variance granted by Resolution No. 91-92, as
amended by Resolution No. 91-779, and as further
clarified by the City Commission at its meeting of
April 30, 1992 1s conditioned, have been received
by the City Attorney of the City of Miami, (the
"City Attorney'), in a form acceptable to the City
Attorney; and
d. Evidence of payment of the City's impact fee and
Dade County's impact fee pertaining to the Owner's
project, to the satisfaction of the Building
Official, has been provided.
3. NO CONSTRUCTION OR DEMOLITION TO TAKE PLACE. No
construction or demolition, pursuant to the Permits, nor any
other activity requiring permits from the City's Planning,
Building and Zoning Department shall take place at the Property
until such time that the conditions enumerated in paragraph 2(a)
through 2(d) hereinabove, have been met.
4. INDEMNIFICATION. In consideration of Ten Dollars
($10.00) and other good and valuable consideration received from
the City, Owner hereby agrees to indemnify and save harmless, and
covenants not to sue the City, the Building Official, and any and
all of the City's agents and employees from, or in connection
with, any and all claims and demands of whatever nature
IEW
c
-3-
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DEPUTY CLERK, CIRCUIT COURT
4.�
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Q�
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT THE END OF THIS DOCUMENT
NOTICE
nm
PZ-22-14439
01/16/24
REV,EW CO
(including allegations of negligence or willful conduct by the
City, the Building Official, or any agent or employee of the
City) arising out of or in connection with this Declaration
and/or any of the covenants contained in this Declaration
including the covenant whereby the Building Official shall hold
in escrow all Permits and/or plans approved by the City in
accordance with the provision of this Agreement, and to
immediately undertake and assume full responsibility hereinafter
for the legal defense and representation, including the full cost
and expense thereof, of the City, the Building Official, or any
agent or employee of the City, in such causes and in connection
with any and all causes of action arising thereunder, or which
could arise thereunder.
5. EFFECTIVE DATE. This instrument shall constitute a
covenant running with the title to the Property and be binding
upon the Owner, its successors and assigns. These restrictions
shall be for the limitation upon all present and future Owners
of the Property.
6. AMENDMENT AND MODIFICATION. This instrument may be
modified, amended or released as to any portion of the Property
by a written instrument executed by the then Owner of the fee
simple title to the land to be effected by such modification,
amendment or release providing that same has been approved by the
City Commission at a public hearing which public hearing shall be
applied for and at the expense of the Owner. Should this
instrument be so modified, amended or release, the Director of
the Planning, Building and Zoning Department or his successor,
-4-
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT THE END OF THIS DOCUMENT
ifit
HEC. �rF• 15481 fC06O6
NOTICE
PZ-22-14439
01/16/24
shall execute a written instrument in recordable form
effectuating and acknowledging such modification, amendment, or
release.
7. TERM OF COVENANT. This voluntary covenants on the part
of the Owner shall remain in full force and effect and shall be
binding upon the Owner, its successors and assigns for an initial
period of thirty (30) years from the date this instrument is
recorded in the Public Records of Dade County, and shall be
automatically extended for successive periods of ten (10) years
thereafter unless modified, amended or released prior to the
expiration thereof.
8. INSPECTION AND ENFORCEMENT. It is understood and
agreed that any official inspector of the City may have the right
at any time during normal working hours, of entering and
investigating the use of the Property to determine whether the
conditions of this Declaration are being complied with. An
enforcement action may be brought by the City and shall be by
action at law or in equity against any party or person violating
or attempting to violate any covenants of this Declaration,
either to restrain violations or to recover damages. The
prevailing party in the action or suit shall be entitled to
recover costs and reasonable attorneys fees. This enforcement
provision shall be in addition to any other remedies available
under the law.
9. SEVERABILITY. Invalidation of any one of these
covenants by judgment of Court shall not effect any of the other
provisions of this Declaration, which shall remain in full force
and effect.
-5-
DAT NI
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN -AT THE END OF THIS DOCUMENT
"six
DEPUTY CLERK. CIRCUIT COURT
111- .. 1 548 1 NO6OT,
141=C
NOTICE
PZ-22-14439
01/16/24
10. RECORDING. This Declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the Owner.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this
WITNESSES:
r/
day of s t 1
STATE OF FLORIDA
COUNTY OF DADE
)
SS
)
, 199 .
MIAMI CHINESE COMMUNITY CENTER,
LTD., a Florida limited partner-
ship
By: MIAMT7 HINATOWN DEVELOPMENT
CORP. a Florida corporation
By:
ISAAC HIH, President
BEFORE ME, the undersigned authority, personally appeared ISAAC
SIIIH, as President of MIAMI CHINATOWN DEVELOPMENT CORP., a Florida
corporation, as general partner of MIAMI CHINESE COMMUNITY CENTER,
LTD., a Florida Limited Partnership, on behalf of the corporation and
on behalf of the limited partnership, who is personally known to me or
who has produced as identification, and did
take an oath.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed by seal this ; day of re ,
,��.'... r1,V . r , -
My Commission Expires:
Notary P blic, Staff •,#�' •a;„4.
Hfii,..AY !1 , Print Name: , � , , , + ktl'�"
.
M027/IMA/bjr
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ChM ul Circuit & County
Courts
DAT MICROFILMED
SUBSTITUTED
DEPUTY CLERK, CIRCUIT COURT
IE 15481 PCO6D2
11EC.
DECLARATION OF RESTRICTIVE COVENANTS
This aubrI tal needs to be sche
in amrdan, whn dmeun
Miami Code. The applica
review the mmm,adon
recommend
1
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declar�'c
made by MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida
partnership (the "Owner") in favor of THE CITY OF MIAM , FLORIDA,
a municipality of the State of Florida (the "City").
W ITNESSET H:
WHEREAS, the Owner holds fee simple tie to certain
property in the City of Miami, Florida, lega y described as and
consisting of:
d fora pubic hearing
er mnn in the. cry of
pueucmaking hotly Nill
nearing m render a
n or a final decMcm
2-14439
01/16/24
All of Lots 3 and 13, Lots 4,
the West 40.00 feet thereof
alley lying North of and a
and the 10.00 feet all
adjacent to said Lot 9,
known as the "THIRD
according to the Plat
Book 5, at Page 4, o
County, Florida,
and commonly described as 1
imited
8, 9 and 14, less
and the 10.00 feet
jacent to said Lot 5,
lying South of and
lock 6, "MIRAMAR" (also
NDED MAP OF MIRAMAR"),
ereof, as recorded in Plat
the Public Records of Dade
1 - 1859 Biscayne Boulevard, Miami,
Dade County, Florida (the Property"), and
WHEREAS, the Owne is presently an applicant before the City
of Miami's Planning, Building and Zoning Department for certain
building permits 'nsisting of foundation and demolition permits
(hereinafter th= "Permits"), for the Property; and
WHEREAS, he Owner desires to make a binding commitment- to
assure tha if issued the Permits, it shall abide by all terms
and cond ions of this Declaration;
THEREFORE, the Owner voluntarily covenants and agrees
tha the Property shall be subject to the following restrictions
are intended and shall be deemed to be covenants running
with the land, binding upon the Owner, its successors and
assigns, as follows:
N
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SUBSTITUTED
DEPUTY CLERK, CIRCUIT COURT
iltt 15451 PLOfiO3
PUBLic
nF Ali
®tom°
0
a
1. RECITALS. The recitals and findings set fo
preamble of this Declaration are hereby adopted by
thereto and incorporated herein as if fully set forth
Section.
2. PERMITS AND PLANS HELD IN ESCROW. All P mits and/or
This submital needs to be schetl
in a ccortl ancewah Imelin
Miami Code, The applica de
rexew the information at t
tern mmentla
for a public hearing
forth inthe Cityof
-making body chIL
ubic hearing to rentlere
orafinaltlecivon.
plans approved by the City in accordance with th
2-14439
1/16/24
4-VIEW C0
n this
provisions of
this Agreement shall be held in escrow by the 'wilding Official
of the City of Miami, (the "Building Off cial"), until the
following conditions have been satisfied:
a. All technical requirem
to for the Permits,
including but not limi ed to the requirements of
the City's Departmen a of Public Works and Fire,
Rescue and Inapec on Services and Dane County's
Department of E
ironmental Resources Management,
('IDERM"), hav- been met, to the satisfaction of
the Buildi Official; and
b. All cond ions of the variance granted the Owner
by Resution No. 91-92, as amended by Resolution
No.
1-779, and as further clarified by the City
ission of the City of Miami, (the "City
Commission"), at its meeting of April 30, 1992,
except for the conditions which require (i) the
provision of 80 parking apacea (as per plans in
file dated November 7, 1990) prior to the issuance
of a Certificate of Occupancy, and (ii) that the
construction of the second phase of the Owner's
project be commenced within three years following
-2-
DEPUTY CLERK, CIRCUIT COURT
SUBSTITUTED
ac:15481PG0604
E►E
PUB04.
2�s
4.0(17
A. NOTI
the date of issuance of a final Certi
Occupancy for the first phase of the
project, have been satisfied; and
c. All documents upon the receipt of ich the
variance granted by Resolution No 91-92, as
amended by Resolution No. 91-779, •nd as further
clarified by the City Commission .t its meeting of
April 30, 1992 1s conditioned have been received
by the City Attorney of th City of Miami, (the
"City Attorney'), in a foacceptable to the City
Attorney; and
d. Evidence of payment .f the City's impact fee and
Dade County's impa• fee pertaining to the Owner's
project, to t satisfaction of the Building
Official, has seen provided.
3. NO CONSTRUCTIO OR DEMOLITION TO TAKE PLACE. No
construction or demoli ion, pursuant to the Permits, nor any
other activity req ring permits from the City's Planning,
Building and Zoni Department shall take place at the Property
until such time hat the conditions enumerated in paragraph 2(a)
through 2(d) reinabove, have been met.
This submittal needs to be sched
cordancewhh Gmelin
Miami Ccde_The applicable
review the Intornnaeon at
recommenda
fora public hearing
n onn the City of
ma
king body wlh
ubtio hearing to render
or a fine decieon.
P
2-14439
1/16/24
'FVIEW C16
4. I,'EMNIFICATION. In consideration of Ten Dollars
($10.00) •nd other good and valuable consideration received from
the Ci , Owner hereby agrees to indemnify and save harmless, and
cove ante not to sue the City, the Building Official, and any and
a of the City's agents and employees from, or in connection
ith, any and all claims and demands of whatever nature
-3-
PUBoc,
1 .i I1:11 .
Co
0
This submittal needs to be saheb
in accordance with hmein
Miami Code. The applicable
rexewihe Information at t
recommenda
P
DEPUTY CLERK, CIRCUIT COURT
SUBSTITUTED
(including allegations of negligence or willful condu
City, the Building Official, or any agent or employee
fora public hearing
forth in the City et
making hotly will
uhlic hearing to render a
or a final decision.
2-14439
A
s 1/16/24
9. ,1" EW cO,
City) arising out of or in connection with this Dec .ration
and/or any of the covenants contained in this D laration
including the covenant whereby the Building Officia shall hold
in escrow all Permits and/or plans approved b the City in
accordance with the provision of this Ag'=ement, and to
immediately undertake and assume full respon bility hereinafter
for the legal defense and representation, cluding the full cost
and expense thereof, of the City, the ilding Official, or any
agent or employee of the City, in su causes and in connection
with any and all causes of action rising= thereunder, or which
could arise thereunder.
5. EFFECTIVE DATE. Th instrument shall constitute a
covenant running with the t le to the Property and be binding
upon the Owner, its succe-.ors and assigns. These restrictions
shall be for the limit. ion upon all present and future Owners
of the Property.
6. AMENDMEN' AND MODIFICATION. This instrument may be
modified, amend=- or released as to any portion of the Property
by a written nstrument executed by the then Owner of the fee
simple titl to the land to be effected by such modification,
amendmen or release providing that same has been approved by the
City C• isaion at a public hearing which public hearing shall be
app ed for and at the expense of the Owner. Should this
i,=trument be so modified, amended or release, the Director of
the Planning, Building and Zoning Department or his successor,
-4-
DAT MICROFILMED
SUBSTITUTED
DEPUTY CLERK, CIRCUIT COURT
ElfE 15481fC06O6
HEC.
shall execute a written instrument in records
effectuating and acknowledging such modification, amendm
release.
7. TERM OF COVENANT. This voluntary covenants o
of the Owner shall remain in full force and effect
binding upon the Owner, its successors and assigns
period of thirty (30) year from the date th
recorded in the Public Records of Dade C
automatically extended for successive peri
thereafter unless modified, amended or
expiration thereof.
8. INSPECTION AND ENFORCEM
agreed that any official inspecto
at any time during normal
investigating the use of t
conditions of this Decl
enforcement action may
action at law or in
or attempting
either to rest
prevailing
recover co
provisio
QuaLic
This submittal needs to be sched
in accordance wrtr bmelin-
Miami Code. The applicable
re,ewthe infonnadon at
recon menaa
tar a pubic hearing
forth in the city of
ision-nnawg bcdywill
ubbc hearing to rendera
or a enaldeuson.
2-14439
1/16/24
EW GO�Q
the part
d shall be
or an initial
instrument is
ty, and shall be
ds of ten (10) years
released prior to the
It is understood and
of the City may have the right
orking hours, of entering and
Property to determine whether the
ation are being complied with. An
brought by the City and shall be by
quity against any party or person violating
violate any covenants of this Declaration,
ain violations or to recover damages. The
ty in the action or suit shall be entitled to
a and reasonable attorneys fees. This enforcement
shall be in addition to any other remedies available
under he law.
9. SEVERABILITY. Invalidation of any one of these
venants by judgment of Court shall not effect any of the other
provisions of this Declaration, which shall remain in full force
and effect.
-5--
affixed by seal this ,
My Commission Expir
N(IL',RS !Y 1
M027/IMA
SUBSTITUTED
1TI+igL.... .. ..... ..
DEPUTY CLERK. CIRCUIT COURT
ij1L4{1{1.• 1 548 1 NO6OT,
10. RECORDING. This Declaration shall be filed
among the Public Records of Dade County,
the Owner.
IN WITNESS WHEREOF, the undersigned
seals this
WITNESSES:
rj
day of 1 s1 t 1
C7 JI, j 1.
-1 t r ''
STATE OF FLORIDA
COUNTY OF DADE
)
SS
)
BEFORE ME, the undersigned
SIIIH, as President of MIAMI CH
corporation, as general partne
LTD., a Florida Limited Partn
on behalf of the limited part
who has produced
take an oath.
Florida, at the
have
This subniltal needsto tlnrn schee
accordance with elln
Mani Code. The applicable
rexew the Information at t
recommends'
for a puboc hearing
forth in the CIry oP
don,~cdy will
ubic hearing to render a
or a final eciaon.
2-14439
1/16/24
set their ands and
, 199 .
MIAMI CHINESE CUNITY CENTER,
LTD., a Florid: limited partner-
ship
By: MIAM NATOWN DEVELOPMENT
CORP. a Florida corporation
'ram '1
By:
IS C '•HIH, President
thority, personally appeared ISAAC
ATOWN DEVELOPMENT CORP., a Florida
of MIAMI CHINESE COMMUNITY CENTER,
ship, on behalf of the corporation and
ership, who is personally known to me or
as identification, and did
IN WITNESS W}IEREOF, I have hereunto
day of re s .
-6-
1
subscribed my name and
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Notary P blic, Sta
Print Name:
i
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oreorm rn rh orr ICIAr RFroRos/ Oa
olin cAlt.g , a0NIDA.
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Ckil ul Circull & County
Courts